Report Title:

Child endangerment

Description:

Establishes the offense of endangering the welfare of a minor in a motor vehicle; makes intentionally, knowingly, or recklessly leaving a child under the age of nine unattended in a motor vehicle when the child suffers serious or substantial bodily injury an offense of endangerment of a minor in the first degree; makes intentionally, knowingly, or recklessly allowing trivial or superficial bodily injury to befall a child under the age of nine as a result of the person leaving the child unattended in a motor vehicle an offense of endangerment of a minor in the second degree.

HOUSE OF REPRESENTATIVES

H.B. NO.

1773

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHILD ENdangerment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"709- Endangering the welfare of a minor in a motor vehicle. (1) A person commits the offense of endangering the welfare of a minor in a motor vehicle if, having care or custody of a child younger than nine years of age, the person leaves the child unattended in a motor vehicle.

(2) Any law enforcement officer, firefighter, or rescue team personnel who observes a child left unattended in a motor vehicle in violation of subsection (a) may use whatever means reasonably necessary to protect the child and remove the child from the motor vehicle.

(3) If a law enforcement officer, firefighter, or rescue team personnel removes a child from a motor vehicle, notification shall be left on the motor vehicle and the child shall be placed in the custody of child protective services of the department of human services if the person having care or custody of the child cannot be located.

(4) Law enforcement officers, firefighters, or rescue team personnel shall not be liable in any civil action by any party for any act performed in good faith under this section.

(5) Endangering the welfare of a minor in a motor vehicle is a petty misdemeanor.

(6) As used in this section:

"Child" means a person under the age of nine.

"Rescue team personnel" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of the hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and resuscitate persons who are in immediate danger of loss of life in cases of emergency.

"Unattended" means leaving a child in a motor vehicle:

(a) Without another individual; or

(b) With any individual too young to operate the motor vehicle."

SECTION 2. Section 709-903.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Except as in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person [intentionally]:

(a) Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor[.]; or

(b) Intentionally, knowingly, or recklessly leaves a child under the age of nine unattended in a motor vehicle and the child suffers serious or substantial bodily injury."

SECTION 3. Section 709-904, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person [recklessly]:

(a) Recklessly allows another person to inflict serious or substantial bodily injury on the minor[.]; or

(b) Intentionally, knowingly, or recklessly allows trivial or superficial bodily injury to befall a child under the age of nine as a result of the person leaving the child unattended in a motor vehicle."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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